7 British Columbia lease clauses landlords add that don't actually work

These show up in homemade and copy-pasted leases all the time. None of them are enforceable under the Residential Tenancy Act — even when both parties sign. We've cited the specific statute or regulation for each.

1. 1

   "Security deposit equal to one month's rent"

   BC caps security deposits at one-half (0.5) of one month's rent. Pet damage deposits are separate and also capped at 0.5 month. Anything above those limits is unenforceable and must be returned.

   RTA ss. 17–19

2. 2

   "$X non-refundable application fee"

   A landlord cannot charge a fee for accepting or processing a rental application in BC. Application fees of any kind are prohibited.

   Residential Tenancy Regulation s. 5

3. 3

   "Tenant is responsible for all repairs"

   The landlord's obligation to maintain the unit in a state of decoration and repair (s. 32) cannot be contracted out of. The tenant is only responsible for damage caused by their actions or neglect.

   RTA s. 6; s. 32

4. 4

   "Tenant waives move-in and move-out inspections"

   Condition inspection reports at move-in and move-out are mandatory. A landlord who fails to offer the inspections forfeits the right to claim against the security deposit for damage; a tenant who refuses two reasonable opportunities forfeits the right to its return for damage.

   RTA ss. 23–24, 35–36

5. 5

   "Rent increases by X% per year (above guideline)"

   Annual rent increases above the BC allowable amount (3.5% for 2026) require an Additional Rent Increase application approved by the RTB. Increases written into the lease above the guideline without approval are unenforceable.

   RTA ss. 41–43; Residential Tenancy Regulation s. 23

6. 6

   "No overnight guests / no guests over X nights"

   Material restrictions on guests interfere with the tenant's right to quiet enjoyment. Reasonable rules about guests in common areas may be enforceable, but blanket prohibitions on overnight guests are not.

   RTA s. 28 (quiet enjoyment)

7. 7

   "Security deposit will be applied as last month's rent"

   Unlike Ontario, BC does not permit a last-month-rent deposit. A security deposit cannot be applied to rent and must be returned within 15 days of the end of the tenancy unless the tenant agrees in writing or the landlord applies for dispute resolution.

   RTA ss. 38, 17